Profiteering Prevention Act Amendment Act of 1954 (3 Eliz Ii No. 31) (Qld)

MERCANTILE LAW. 3 E liz . II. No. 31, 1954. Profiteering Prevention, Etc., Ac 385 An Act to Amend “ The Profiteering Prevention Act 3 of 1948/’ in certain particulars. 7 A [A ssented to 28 th O ctober , 1954.] pro S™ P revention A ct ambm > mbni 1954. B E it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— 1. (1.) This Act may be cited as “ The Profiteering Short title. Prevention Act Amendment Act of 1954.” (2.) *“ The Profiteering Prevention Act of 1948,” is ^™cipal in this Act referred to as the Principal Act. c' (3.) The Principal Act and this Act may be Collective collectively cited as “ The Profiteering Prevention Acts ,tltle' 1948 to 1954.” 2. Section six of the Principal Act is amended— Amendments x of s. 6. (a) By numbering as subsection one that part thereof commencing with the words “ In this Act ” and ending with, and including, the definition “ This Act ” ; and (6) By repealing in the definition “ This Act ” the words “and regulations” and by inserting, in lieu of those repealed words, the words “ regulations, orders and notices ”. 3. Subsection seven of section twenty-one of the Amendments Principal Act is amended— ofs. 21 (7). (a) By inserting before the words “ Any answer ” the words “ Save as hereinafter provided in this subsection ” ; and (6) By adding the following proviso, namely:— “Provided that an answer relating to his name, or address, or name and address, or to the ownership of any business, shall be admissible in evidence in any proceedings under this Act against the person who gave that answer notwithstanding that he gave it pursuant to a requirement under this section after having been informed in the manner provided by subsection five of this section.”. * 12 G. 6 No. 34. N

386 MERCANTILE LAW. Profiteering Prevention, Etc., Act. 3 E liz . II. No. 31, 4. Section twenty-two of the Principal Act is amended— (а) By inserting after the word “ Commissioner ”, where that word secondly appears in subsection one, the words “ within the time specified in that notice ” ; and (б) By repealing in subsection two the words “ produce to and leave with the Commissioner that balance-sheet, account, statement, or document ” and by inserting, in lieu of those repealed words, the words “produce to the Commissioner, within the time specified in that notice, that balance-sheet, account, statement or document and shall leave it with the Commissioner or furnish him with a copy of it inserted 2?A 5. The following section is inserted after section twenty-seven of the Principal Act, namely :— so°ddby°unit " [^ a .] (1.) Where the Commissioner relates to a of number^ unit of number, or weight, or measure, the maximum measufet’torPr*ce’ as fixe(l and declared by him, at which any declared which goods may be sold, a person shall not sell those declared pr?*eil^um g00^8 otherwise than by that unit or some multiple or related. part thereof. (2.) In respect of a lot of declared goods to the sale whereof subsection one of this section applies, the cost to the seller of the unit of number, or weight, or measure to which the maximum price at which those goods may be sold is related shall be the amount obtained by dividing the cost of that lot to the seller by the number of those units therein. (3.) For the purposes of this section, the term cost ”— (a) In relation to any goods (not being goods to or in respect of which an order under subsection four of this section applies) shall be construed as meaning the actual price paid or payable by the person who purchased the goods (in this definition referred to as “ the purchaser ”) to the person from whom he purchased them, plus any expenses which— (i.) Were actually and specifically incurred by the purchaser in placing the goods at the point of delivery by him for the purposes of a sale by him ; and

MERCANTILE LAW. 387 1954. Profiteering Prevention, Etc., Act. (ii.) At the time of the sale or offer for sale by the purchaser, were recorded— (a) On a copy of an invoice for the goods which is held by the purchaser; or ( b) In the books and accounts of the purchaser in such a manner that they can be readily identified and clearly associated with the goods ; or (b) In relation to any goods to or in respect of which an order under subsection four of this section applies—shall be construed as having the meaning defined in that order. (4.) For the purposes of this section, the Commissioner may, by order published in the Gazette, define the meaning of the term “ cost ” in relation to— (a) Any class of sale specified in the order ; or ( b) Any class of goods so specified ; or (c) Any class of trader so specified. (5.) For the purposes of this section, a person shall be deemed to sell by offering for sale goods if he notifies the price proposed by him for a sale of the goods by the publication of a price list, by furnishing a quotation, by exposing the goods for sale in association with a mark indicating price, or otherwise howsoever.”. 6. Section thirty-two of the Principal Act is Amendment amended— of s. 32. (а) By repealing the words and comma “ specified in the order,” ; and (б) By repealing the words and commas “, so specified,” and by inserting, in lieu of those repealed words, the words “ specified. in that order ”. 7. Section thirty-three of the Principal Act is Amendment amended by repealing subsection one and by inserting, of 8‘ 33­ in lieu of that repealed subsection, the following subsection, namely : (1.) A wholesaler (in this section referred to as the buyer ”) who purchases any declared goods from another wholesaler (in this section referred to as “ the seller ”) shall not sell those goods at a price in excess of— (a) Where, at the time of the sale thereof by the buyer, the maximum price at which those goods might be sold by the seller is fixed

388 MERCANTILE LAW. Profiteering Prevention, Etc., Act. 3 E liz . II. No. 31, and declared by the Commissioner (the onus of ascertaining which maximum price shall be upon the buyer)—that maximum price; or (6) Where, at the time of the sale thereof by the buyer, the maximum price referred to in paragraph (a) of this subsection is not fixed and declared by the Commissioner—the cost to the buyer.” Amendment 8. Section thirty-four of the Principal Act is ° * ‘ amended by repealing subsection one and by inserting, in lieu of that repealed subsection, the following subsection, namely:— “ (1.) A retailer (in this section referred to as the “ retail buyer ”) who purchases any declared goods from any other retailer (in this section referred to as the “retail seller ”) shall not sell or offer for sale those goods at a price in excess of— (a) Where, at the time of the sale or offer, the maximum price at which those goods might be sold by the retail seller is fixed and declared by the Commissioner—that maximum price ; or ( b) Where, at the time of that sale or offer, the maximum price referred to in paragraph (a) of this subsection is not fixed and declared by the Commissioner—the cost to the retail buyer.” Amendments 9. (1.) Section thirty-five of the Principal Act is marginal*11 amended by inserting, after the word “ goods ”, where not® firstly appearing, the words and brackets “ (whether thereto. declared goods or not) ”. (2.) The marginal note to the said section thirty-five is amended by repealing therein the word “ declared ”. New s. 39 a 10 . The following section is inserted after section inserted. thirty-nine of the Principal Act, namely :— Misleading “ [39 a .] (1.) A person shall not, at any time when respecting the maximum price or rate at which any declared goods reductions or declared service may be sold or supplied is fixed and goods^and declared by the Commissioner— service^ prohibited. (a) Publish, print, circulate or, by way of broadcast by wireless telegraphy, announce ;

1954. MERCANTILE LAW. Profiteering Prevention, Etc., Act. 389 (&) Cause to be published, printed, circulated or, by way of broadcast by wireless telegraphy, announced; or (c) Make public or cause to be made public in any other manner whatsoever, any notification stating, indicating, or implying that the price at which those goods are for sale or the rate for the supply of that service has been reduced from an amount greater than that maximum price or maximum rate. (2.) For the purposes of this section, the term “ notification ” includes but without limit to the generality thereof, a price list, a quotation, and, in respect of any goods exposed for sale, any label or mark associated with those goods whereby the sale price thereof is indicated.”. 11. Section forty-seven of the Principal Act is Repeal of repealed. s'47' 12. The following section is inserted after section New s. 82 a eighty-two of the Principal Act, namely :— in8erte ' “ [52 a .] In any proceeding under or for a purpose Mode of of this Act orders, and (a) The production m evidence ot a copy ot the or given Gazette purporting to contain an order or byCom- notice made or given by the Commissioner or a delegate of the Commissioner under this Act shall be conclusive evidence of the making or giving by the Commissioner or, as the case may be, delegate in question of that order or notice and of the contents thereof; and (6) The production in evidence of a paper purporting to be a copy of such an order or notice and purporting to be printed by the Government Printer shall be evidence of the making or giving by the Commissioner or, as the case may be, delegate in question of the Commissioner of that order or notice and of the contents thereof and, in the absence of evidence in rebuttal, shall be conclusive evidence of those matters.”.

390 MERCANTILE LAW—POLICE. Police Acts Amendment Act. 3 E liz . II. No. 47, Amendment 13. Section eighty-six of the Principal Act is of a. 86. amended by repealing subsection five and by inserting, in lieu of that repealed subsection, the following subsection, namely:— “ (5.) A prosecution in a summary way for an offence against this Act may be instituted at any time within one year after the commission of the offence, or within six months after the discovery thereof by the complainant, whichever is the later period.”. PARLIAMENTARY CONTRIBUTORY SUPERANNUATION FUND. See C onstitution . 3 E liz . II. No. 47. T he P olice A cts A mendment A ct of 1954. POLICE. An Act to Amend “ The Police Acts, 1937 to 1953,” in certain particulars. [A ssented to 10 th D ecember , 1954.] B E it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— Short title. 1. (1.) This Act may be cited as “ The Police Acts Amendment Act of 1954.” Principal (2.) *“ The Police Acts, 1937 to 1953,” are in this Act. Act referred to as the Principal Act. Collective (3.) The Principal Act and this Act may be title. collectively cited as “ The Police Acts, 1937 to 1954.” Amendment 2. Subsection two of section six of the Principal of s. 6 (2). Act is amended by adding thereto the words “ when he shall retire from office ”. A of ms.en 7 d a m (3 e ) n , t Act i 3 s . amSuebnsdeecdtiobny athdrdeiengotfosethcteiofnirs 7 t a paorfagthraephPrtihnecriepoafl the words “ when he shall retire from office ”. * 1 G. 6 No. 12 and amending Acts.